KAUSHIKBHAI JADULAL UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this Application is the Judgment and order dated 20.1.2003, passed by the learned Judicial Magistrate, First Class, Borsad, in Criminal Case No.1832 of 1997, whereby the learned Magistrate has held the applicant guilty of the offence punishable under Section 33 and 92 of the Factory Act and sentenced him to suffer rigorous imprisonment for 8 months and to pay a fine of Rs.25,000/ - and in default to undergo simple imprisonment for 1 -1/2 months, which has been confirmed by the learned Principal District & Sessions Judge, Anand, in Criminal Appeal No.64 of 2006, by Judgment and order dated 17.7.2008. Against the said Judgment and order of conviction and sentence, present Revision Application has been preferred by the applicant original accused.

(2.) THE facts of the case are that the present applicant is the occupier of Anand Paper and Board Mill. The deceased workman Ram Chhabil was working as Helper in the said Paper Mill. He was bringing waste papers and throwing the same in the pulper machine which was fixed at 6.5 ft. from the ground and for throwing the paper waste, one has to climb the stairs. It is alleged that on the date of the incident i.e. on 9.3.1997 the pulper machine operator had closed the machine and had gone to attend the nature's call and when he returned he could not find the deceased and ultimately, it was found that the deceased had fallen in the pit and was dead. The complainant Factory Inspector made the preliminary inquiry about the alleged offence on 10.3.1997 and again visited the factory premise with Senior Inspector Mr. Bhatia and thereafter on 19.3.1997 the statements were recorded and thereafter the complaint was registered against the present applicant for the offence punishable under Sections 33 and 92 of the Factory Act.

(3.) HEARD learned Counsel Mr. H.M. Parikh, appearing on behalf of the applicant original accused and learned A.P.P. Mr. Patel, appearing on behalf of the respondent State. I have also gone through the papers produced before me and also the Judgment and orders of both the Courts below.